Wednesday, May 12, 2021 – High Court Judge Jessie Wanjiku Lessit has explained why she released murder suspect, Paul Mwangi Njenga alias Sankale, in 2005, despite being sentenced to death by a Kibera Magistrate in connection with robbery with violence commonly known as stroke 2.
Mwangi is the prime suspect in the murder of National Lands Commission (NLC) employee, Jenniffer Wambua, who was raped and killed in Ngong Forest in March.
Many Kenyans protested online asking the Judiciary to explain how Mwangi, who was sentenced to death in 2005, was released.
In her explanation, Justice Lessit, who made the ruling together with Justice Makhandia, said that the identification of Mwangi wasn’t proof enough, and just because he was arrested together with Geoffrey Ambani Makamu didn’t mean he was guilty of the crime.
Their Judgment read;
“For the 1st Appellant, the evidence of identification by PW2 did not receive any corroboration from any other evidence.
“The fact that PW3 arrested the 1st Appellant in the company of 2nd Appellant would not offer the corroboration required to convict.
“PW3 did not recover anything from the 1st Appellant. He merely arrested him on the basis of information received from a person not called as a witness.
“We find that the conviction against him was weak and should not be allowed to stand.
We have considered all the issues raised by the Appellant in their petitions of appeal.
“We find that the 1st Appellant’s appeal has merit. Consequently, we allow his appeal, quash the conviction and set aside the sentence.
“The 2nd Appellant’s conviction was safe and consequently, we dismiss his appeal, uphold the conviction and confirm the sentence.
“The 1st Appellant should be set at liberty unless he is otherwise lawfully held.”
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